Stites v. Gater

Citations

• 5 Cal. Unrep. 389
• 45 P. 185

Syllabus

<p>Ejectment — Pleading—Answer—Admission.—In ejectment for two and twelve hundredths acres of land plaintiffs alleged they were owners, and that defendant excluded them from possession. Defendant’s answer denied every allegation “except as hereinafter stated,” and then admitted defendant was in possession of one and sixty-five hundredths acres, and that he withheld the same from plaintiffs; but denied the possession or withholding of the remainder. Held, that the answer did not admit that plaintiffs owned forty-seven hundredths of an acre of the land.</p>